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SINRAM-MARNIS v. CITY OF NY.

139 A.D.2d 360 (1988)

Sinram-Marnis Oil Company, Inc., Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

August 4, 1988

Attorney(s) appearing for the Case

Terry Myers of counsel (Herbert Rubin, David B. Hamm and Miriam Skolnik on the brief; Herzfeld & Rubin, P. C., attorneys), for respondent.

Elizabeth Dvorkin of counsel (Edward F. X. Hart on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for appellant.

SANDLER, SULLIVAN and ASCH, JJ., concur with MILONAS, J.; MURPHY, P. J., dissents in an opinion.

MILONAS, J.

In April of 1983, defendant City of New York, through the Department of General Services, solicited bids for contracts to supply fuel oil and kerosene for the period of July 1, 1983 to June 30, 1984. All interested parties were provided with two documents, the standard form of contract, which includes general instructions and conditions, and the requirement contract for fuel oil and kerosene. It...

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